carabolic t1_j9lpjza wrote on February 22, 2023 at 9:48 PM

Reply to comment by bbkknn in Spanish transport secretary resigns after new trains too big for tunnels by metroracerUK

Thank you. That makes a lot of sense. But why is it assumed that the criminal would have received the minimum sentence?

bbkknn t1_j9lvizu wrote on February 22, 2023 at 10:26 PM

I'm not sure I understand the question correctly. It's not assumed that the criminal would have received the minimun sentence. Actually most cases of reduction I have heard of were in the upper range. 10 to 12 years that get lowered 2 or 3 years.

The court compares the original conviction with how they would convict with the new law, all facts remaining the same. If this results in a lower sentence then they have to reduce it.